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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) entered into a trust contract (hereinafter “C”) carries out the business of newly constructing and selling the 4th underground floor, 16th floor and neighborhood living facilities (hereinafter “instant building”) on the third ground of Songpa-gu Seoul, Songpa-gu, and the 3rd priority beneficiary. On January 13, 2015, C Co., Ltd. (hereinafter “instant trust contract”) entered into a management-type land with the content that the Defendant is the truster and beneficiary, the Defendant is the trustee, the E Co., Ltd. as the first priority beneficiary at the time of construction and the second priority beneficiary, the F Co., Ltd., G Co., Ltd., Ltd., Ltd., Ha, Ha, K, L Co., Ltd., and M Co., Ltd. as the first priority beneficiary, and N is the third priority beneficiary. The Defendant is the subject of rights and obligations within the scope of trust property, and the Defendant pays profits generated from the management and operation of trust property to beneficiaries. The main contents of the instant trust contract are as follows.
Article 3 (Trust Period) (1) The period of trust shall be as shown in attached Form 3, and the beneficiary and the trustee may extend the period by mutual agreement before the termination of the trust.
(2) Where a truster or beneficiary fails to repay the various expenses prescribed in Article 22 by the time the trust period expires, the trust period shall be automatically extended under the same conditions until the redemption of such expenses is made.
Article 7 (Trust Property) The term "trust property" means any of the following property or property rights managed and disposed of by a trustee according to the trust purpose:
1. Trust real estate and money;
2. Sale price of real estate in trust;
3. Lease deposit for trusted real estate;
4. Property acquired by subrogation for real estate in trust;
5. Operating profits of money belonging to trust property;
6. Other property corresponding to the subparagraphs of Article 22 (Bearing of Expenses for Performance of Trust Affairs) (1) The following expenses shall be borne by the truster (where a beneficiary is designated separately, the beneficiary; hereinafter the same shall apply in this Article):
1..